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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 9 : Wholesale and Retail Sector, South Africa

Part H : General

33. Temporary employment services


(1) For the purposes of this sectoral determination, a person whose services have been procured for, or provided to, a client by a temporary employment service is the employee of that temporary employment service, and the temporary employment service is that person's employer.


(2) Despite sub-clause (1), a person who is an independent contractor is not an employee of a temporary employment service, nor is the temporary employment service the employer of that person.


(3) The temporary employment service and the client are jointly and severally liable if the temporary employment service, in respect of any employee who provides services to that client, does not comply with this sectoral determination.